특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for three years.
20 million won shall be additionally collected from the defendant.
Punishment of the crime
[2012 Gohap1558]
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);
A. On November 2010, the Defendant was transferred KRW 200 million from the victim’s corporate bank account (J) on November 24, 2010, to the victim, on the ground that “F Co., Ltd. (hereinafter “F”) holding 70% of the shares in the building in Gangnam-gu, Seoul as an executor of a business that constructs G station history as a private capital. Since H’s representative director is in the relationship of engagement within the private capital, H’s participation in the construction project is conclusive. If H participates in the construction project, it would be possible to take part in the construction project.” On November 24, 2010, the Defendant was transferred KRW 200 million from the victim’s corporate bank account (number:J) to the victim’s corporate bank account.”
However, at the time, K, the former representative director, received a large amount of illegal deposits from subordinate companies, embezzled investors' prior purchase money, and was completely interrupted by investigation at the Seoul Central District Public Prosecutor's Office. The Defendant entered into a contract with the above K to acquire 70% shares of the above F (State) from the above K, and the Defendant did not take over all shares. The Defendant did not have any relationship with the H representative director, and there was no particular business promotion in relation to the selection of the contractor of the instant G company between F (State) and H, and H had already set a policy to not participate in the said G company's private project.
B. Around July 2011, the Defendant is well promoting the G Station Resident Business at the E(State Office) Office of Victim D’s Operation, and the Defendant is well promoting the G Station Resident Business.
H is final and conclusive to participate in the project for the public-private partnership in the calendar.
H The construction of machinery and equipment works, electrical equipment works, and fire fighting equipment works are leased only KRW 350 million to be subcontracted in E, and they are leased in L.